ELLENWINE v. FAIRLEY

No. 71A03-0403-CV-124.

818 N.E.2d 961 (2004)

Michelle ELLENWINE and Alvie Ellenwine, as Parents and Natural Guardians of Dustin Ellenwine, Deceased, Appellants-Plaintiffs, v. Dawn FAIRLEY, D.O., Appellee-Defendant.

Court of Appeals of Indiana.

December 7, 2004.


Attorney(s) appearing for the Case

Jerry Garau, Findling Garau Germano & Pennington, P.C., Indianapolis, IN, Attorney for Appellants.

Edward L. Murphy, Jr., Heidi K. Koeneman, Miller Murphy & Miller, LLP, Fort Wayne, IN, Attorneys for Appellee.


OPINION

SULLIVAN, Judge.

Michelle and Alvie Ellenwine ("the Parents"), as parents and natural guardians of Dustin Ellenwine, appeal from the trial court's grant of summary judgment in favor of Dr. Dawn Fairley on their claim arising out of her alleged malpractice. They present several issues for our review, which we restate as whether the Medical Malpractice Act precluded the filing of a claim to recover damages arising out of the alleged malpractice suffered...

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